When we visit a doctor, we expect that they will take care of whatever ailment we face. And for the most part, they do exactly that — we do not feel good, and the doctor makes everything better. Occasionally, however, things can go very wrong in a doctor’s office or hospital setting, leading to medical negligence or malpractice claims.
You have likely heard of the terms medical negligence and medical malpractice before and figured they are one and the same. Technically speaking, you are right. But there can be subtle differences with each label that are worth pointing out.
Medical negligence vs. Medical malpractice
Doctors and other medical professionals are obligated to safely provide treatment to their patients. When they do not, they can cause harm to a patient and get into a whole heap of trouble. When determining if what they did or did not do is neglect or malpractice, a distinctive difference is intent. Medical negligence is a mistake that led to unintended harm or bodily injury, whereas medical malpractice is when a medical professional knowingly overlooked the proper standard of care and caused harm and bodily injury to the patient.
Examples of medical negligence and/or medical malpractice include:
- Misdiagnosing a patient’s condition
- Writing the wrong dosage for a prescription by mistake
- Failing to look deeper into a person’s medical history
- Poor follow-up or after care
- Unnecessary surgery
- Misreading or ignoring laboratory results
- A surgeon performing a surgery under the influence of drugs
A plaintiff or their family must satisfy several conditions to prove a medical negligence or malpractice case.
- A physician-patient relationship existed.
- What the doctor should have done in terms of satisfying the standard of care
- What the doctor actually did or did not do that did not meet the standard of care
- The doctor’s negligence caused injury, harm, damages, and/or death
Call Nelson Law Group today!!
There is so much more to this conversation that we would be happy to discuss with you — especially if you or a family member is considering a medical negligence or malpractice case against a healthcare provider. Cases that seem simple or straightforward rarely are, and you need a lawyer in your corner who can offer you an honest assessment that will help you make the best choices for your case.
The Nelson Law Group brings nearly two decades of experience to each and every case. Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.